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(영문) 의정부지방법원 2017.06.16 2016고단1695
업무상과실치사등
Text

Defendant

A Imprisonment for six months, Defendant B Company 5,00,000 won, and Defendant C in June of the imprisonment without prison labor.

Reasons

Punishment of the crime

1. Defendant A’s business reputation, death or injury, and violation of the Industrial Safety and Health Act was awarded a contract for the installation of a coal protection gate to the military unit located in Gyeonggi-do Armed Forces Department by the Armed Forces J division, and the Defendant is a person who is responsible for safety and health of employees who work at the construction site as an agent at the construction site.

In order to prevent any danger to workers in the course of engaging in a work by using vehicle-based construction machinery, a business owner shall conduct a prior investigation into the relevant work, topography, ground and ground, and ground floor conditions, etc. in the relevant place of work, record and keep the results thereof, and shall take into consideration the results of the investigation and prepare a work plan including the types, performance, route of operation and work methods of construction machinery to be used in accordance with the relevant plan, and shall not allow workers to enter a place where the relevant vehicle-based construction machinery is in contact with the relevant vehicle-based construction machinery in order to prevent any danger to workers, and the vehicle-based construction machinery shall be used only for the main purpose of the relevant vehicle-based construction machinery.

Nevertheless, on December 22, 2015, the Defendant: (a) instructed the victim L (64 tax) of a person who works for B Co., Ltd. at the construction site of the above K at the construction site of the above K to put up a reinforced block structure built together with C, daily workers M, the Defendant did not prepare a work plan; and (b) did not place a guide even in a place where it is at the risk of breaking with the drilling, which is a construction machinery, even though it is at the risk of breaking with the drilling, the Defendant did not put up a brick wall immediately; and (c) the victim and M did so by sticking each item to the reinforced earth block; and (d) the victim and M did so in a way that C did the above item with the drilling with the drilling.

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